2024 Guide to California Balcony Inspections and Compliance

Written by Saunders Seismic on 12th September 2024

In California, ensuring the safety and structural integrity of balconies, decks, and similar elevated structures is more critical than ever, with the California balcony inspection law mandating compliance by January 1, 2025.

This ordinance was introduced after a tragic 2015 balcony collapse in Berkeley, CA, that caused several deaths. The state now requires apartment buildings and condominiums to strictly adhere to building standards and safety regulations to prevent such disasters.

This guide provides a comprehensive overview, covering everything from the Balcony Inspection Bill to specific requirements for multifamily buildings.

Understanding the California Balcony Inspection Law

The Balcony Inspection Bill comprises Senate Bills 721 and 326. It mandates regular inspections of balconies, decks, and other elevated exterior elements on multifamily residential buildings. These inspections aim to prevent structural failures that can cause serious injuries or fatalities

SB 721: Targets buildings with three or more multifamily dwelling units (e.g., apartment buildings). It requires the inspection of at least 15% of each type of elevated exterior element every six years.
SB 326: Applies to condominium projects and requires inspections of elevated elements by a licensed architect or structural engineer every nine years.

Both bills are designed to identify and address decay, dry rot, or structural compromise.

What Types of Buildings Require Balcony Inspections?

The inspection requirements specifically apply to owners of multifamily apartment buildings with three or more units that feature:

Exterior Elevated Elements: These include balconies, decks, porches, stairways, walkways, and entry structures that extend beyond the building’s exterior walls.
Structural Support: These elements rely, in whole or in substantial part, on wood or wood-based products for structural support or stability.
Elevated Walking Surfaces: Any walking surface more than 6 feet above the ground level.
Balconies Designed for Human Occupancy or Use: Balconies intended for regular human occupancy or use fall under these inspection requirements.

Owners must have these elements inspected and certified as compliant by the January 1, 2025 deadline.

Exclusions

Common interest developments (CIDs) like condominiums are excluded from SB 721 and are governed by SB 326. If a building covered by SB 721 is being converted to condos and sold after January 1, 2019, it must be inspected before the first escrow closes.

The inspection report must confirm that repairs are complete and be submitted to the Department of Real Estate with the necessary documents.

Who Can Perform Balcony Inspections?

These inspections must be carried out by qualified professionals, specifically:

Licensed Architects
Civil or Structural Engineers
Qualified Building Contractors: Must hold A, B, or C-5 Licenses issued by the Contractor State License Board.
Certified Building Inspectors or Building Officials

Note: The firm performing the inspections cannot also conduct the repairs. Any repairs identified during the inspection must be performed by a different licensed contractor than the one conducting the inspection.

Additionally, all repair and replacement work must comply with:

Recommendations of a licensed professional described in subdivision (a).
Applicable manufacturer’s specifications for materials used.
The California Building Standards Code, consistent with subdivision (d) of Section 17922 of the Health and Safety Code.
All local jurisdictional requirements that apply to the building and area.

Inspection Report Requirements and Record-Keeping

The bill also mandates specific requirements for the inspection report itself:

Inspection report contents: The inspection report must contain specified items that detail the condition of the inspected elements, any issues found, and recommended actions.
Timely delivery: A copy of the inspection report must be presented to the building owner within 45 days of the inspection’s completion.
Record maintenance: Building owners must maintain copies of the inspection reports for at least two inspection cycles, ensuring that these documents are available for reference and compliance verification.
Immediate Hazards: If the inspection reveals conditions that pose an immediate hazard to occupant safety, the inspection report must be delivered to the building owner within 15 days. Emergency repairs must be undertaken as specified, with notice given to the local enforcement agency. Non-emergency repairs must be completed within 120 days unless local authorities grant an extension.

Local enforcement agencies are authorized to recover enforcement costs. They must send a 30-day corrective notice if repairs are not completed on time, with specified civil penalties and liens against the property for non-compliance.

What Does a Balcony Inspection Involve?

During a balcony inspection, professionals assess the condition of structural elements such as:

Wood framing and support: Checking for signs of rot, decay, or termite damage.
Waterproofing systems: Ensuring the materials effectively prevent water intrusion, which can lead to structural deterioration.
Connections and fasteners: Verifying that bolts, screws, and other fasteners are secure and corrosion-free.
Overall structural integrity: Evaluating the stability of the entire balcony, deck, or walkway.

The inspection report will outline any areas of concern and recommend necessary repairs or replacements. If immediate safety hazards are identified, they must be reported to local building departments and addressed promptly.

Note: The ordinance does not clearly define the scope of these inspections. Saunders Seismic is actively collaborating with engineers and state officials to clarify the extent of the required inspections.

Due to this ambiguity, current inspections may or may not fully satisfy the code requirements, making it crucial to stay informed of any updates or clarifications.

Special Considerations for Soft-Story Buildings

Soft-story buildings with open ground floors often used for parking or commercial space are particularly vulnerable during seismic events. The Balcony Inspection Bill has implications for these buildings, especially if they have elevated exterior elements.

If your soft-story apartment building includes balconies, decks, walkways, railings, and landings, regular inspections are crucial to ensure these structures can withstand seismic activity. In addition to complying with the California balcony inspection law, you may also need to adhere to local soft-story retrofit ordinances to secure your property further.

Steps to Ensure Compliance with California Balcony Safety Rules

To meet the requirements of the Balcony Inspection Bill and protect your property, follow these steps:

Schedule Regular Inspections: Work with a licensed architect, structural engineer, or other qualified professionals to conduct inspections within the required timelines.
Address Repairs Promptly: If the inspection report identifies issues, ensure that qualified contractors carry out repairs or replacements.
Keep Detailed Records: Maintain comprehensive records of all inspections, repairs, and maintenance activities to demonstrate compliance.

Consequences of Non-Compliance

Failure to comply with the Balcony Inspection Bill can lead to severe penalties, including fines and potential legal liability if a structural failure occurs. Moreover, non-compliance could affect your building’s insurance coverage and marketability.
Property owners must also disclose inspection results to current and prospective tenants or homeowners, depending on the type of building, to maintain transparency and trust.

Ensure Balcony Compliance with Saunders Seismic

Balcony inspections are critical to property management in California, especially for multifamily building owners. By understanding and complying with the California balcony inspection law, you can protect your investment, ensure the safety of your residents, and avoid costly penalties.

Contact Saunders Seismic today to schedule your inspection and secure your property before the January 1, 2025 deadline.